CHAPTER 638

An Act to amend and reenact §§ 22-7, 22-38, 22-43 as amended, 22-48.1,
22-62, 22-98, 22-122, 22-204, 22-218, 22-223, and 22-258.1 of the Code
of Virginia, relating to the public schools. S ans

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Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 22-7, 22-38, 22-43 as amended, 22-43.1, 22-62, 22-98, 22-122,
22-204, 22-218, 22-223, and 22-253.1 of the Code of Virginia be amended
and reenacted as follows:

§ 22-7. The school boards of counties or of counties and cities, or of
counties and towns operating as separate special school districts, may,
with the consent of the State Board, establish joint schools for the use of
such counties or of such counties and cities or of counties and towns oper-
ating as separate special school districts, and may purchase, take, hold,
lease, convey and condemn, jointly, property, both real and personal, for
such joint schools. Such school boards, acting jointly, shall have the same
power of condemnation as county school boards except that such land so
condemned shall not be in excess of * thirty acres in a county or city for
the use of any one joint school. The title of all such property acquired for
such purposes shall vest jointly in such school boards of the counties or
counties and cities or counties and towns operating as separate special
school districts in such respective proportions as such school boards may
determine, and such schools shall be managed and controlled by the boards
jointly, in accordance with such rules and regulations as are promulgated
by the State Board. However, such rules and regulations in force at the
time of the adoption of a plan for the operation of a joint school shall not
be changed for such joint school by the State Board without the approval
of the local school boards.

§ 22-33. In the event that the local school board fails to elect a division
superintendent within the time prescribed by the preceding section, the
State Board shall appoint such division superintendent. In case of a
vacancy occurring during the regular four-year term of office of a division
superintendent, if the local school board fails to appoint a division super-
intendent within sixty days from the date of such vacancy, the State Board
of Education shall appoint such division superintendent for the unexpired
term.

§ 22-48. All special school districts and special town school districts
except the special school district for the town of * Lexington of Rockbridge
county and the town of Bedford of Bedford county and the town of Fries of
Grayson county, which are hereby preserved, are hereby expressly abol-
ished, except the special town school district for the town of Kilmarnock
in Lancaster county and all those special town school districts which have
heretofore been established by and with the approval of the State Board,
which are hereby expressly continued for the purpose for which estab-
lished; * provided, however, that the town of Herndon * of Fairfax county
and the town of Colonial Beach of Westmoreland county, and incorporated
towns having a population of not less than three thousand five hundred
inhabitants, according to the last United States census, may, by ordinance
of the town council and by and with the approval of the State Board, be
constituted separate school districts either for the purpose of representa-
tion on the county school board, or for the purpose of being operated as a
separate school district under a town school board of three members, ap-
pointed by the town council. In the event that such a town district be set
up, to be operated by a board of three members, the members of such board
shall be appointed in accordance with § 22-89, providing for the appoint-
ment of trustees in cities and of such members, one shall be designated
by the town school board as a member of the county school board and en-
titled to serve as a member of the county board.

§ 22-43.1. The special school districts for the town of * Lexington of
Rockbridge county and the town of Bedford of Bedford county and the town
of Fries of Grayson county, and the separate school district of the town of
Herndon * of Fairfax county, and the town of Colonial Beach of Westmore-
land county, and any other such separate, special or special town school
district, heretofore or hereafter created, by or under the provisions of the
preceding section, whether for the purpose of representation on the county
school board or for the purpose of being operated as a separate school dis-
trict as above, * may, by ordinance of the town council, or other governing
body, and by and with the approval of the county school board and the
State Board, be dissolved as a separate school district, and, upon dissolution,
such separate school district shall be and become a part of the county
school unit and shall be managed, operated and controlled by the county
school board as a part of such unit, and all school property, real and per-
sonal, the title to which is held by the school board of any such separate,
special or special town school district shall vest by operation of law in the
county school board for school purposes. Such ordinance shall state what
disposition is to be made of any balance in the school funds of any such
separate, special or special town school district at the time of its dissolution
and shall provide for disposition of any outstanding bonded indebtedness
of such school district.

§ 22-62. Before any appointment is made by the school trustee elec-
toral board it shall give notice, by publication for two successive weeks, in
a newspaper having general circulation in such county of the time and place
of any meeting for the purpose of appointing the members of the county
school board. Such notice shall be given whether the appointment is of a
member or members of the county school board for the full term of office
as provided by law, or of a member to fill a vacancy occurring in the mem-
bership of the county school board or of a member from a new school
district.

§ 22-98. City school boards shall have a clerk and, in the discretion of
the school board, a deputy clerk, who may or may not be members of the
board and who shall be charged with the same duties as the clerk and
deputy clerk of a county school board, and whose salary shall be fixed by the
board. The board shall require the clerk and his deputy to furnish the city
a corporate surety bond conditioned upon the faithful performance and
discharge of the duties herein assigned to each such official. The board
shall fix the amount of such bond or bonds in an amount not less than ten
thousand dollars and the premium therefor shall be paid out of the school
funds of such city.

§ 22-122. It shall be the duty of the division superintendent of schools,
on or before the first day of April of each year, to prepare, with the advice
of the school board, an estimate of the amount of money which will be
needed during the next scholastic year, for the support of the public schools
of the county or city. The estimate so prepared shall be submitted to and
approved by the school board prior to submission to the tax levying body. *
Such estimates shall be prepared on forms furnished by the State Board,
approved by the Director of the Budget and the Comptroller, and shall set
up the amount of money necessary for overhead charges, for instruction, for
operation, for maintenance, for a reserve fund to purchase new school buses
to replace obsolete or worn-out equipment, for auxiliary agencies, for mis-
cellaneous, and for permanent capitalization and such other headings or
items as may be necessary. The estimate so made shall clearly show all
necessary details in order that the governing body and the taxpayers of
a ct od or of the city may be well informed as to every item of the
estimate.

§ 22-204. No teacher shall be regularly employed by a school board or
paid from the public funds unless such teacher holds a certificate in full
force in accordance with the rules of certification laid down by the State
Board of Education, provided, that, * in accordance with regulations pre-
scribed by the State Board of Education a person not meeting the require-
ments for such certification may be employed and paid from public funds
by a school board temporarily as a substitute teacher to meet an emergency.

§ 22-218. The public schools, except as otherwise provided, shall be
free to all persons between the ages of seven and twenty years residing
within the county, or city, including the children of persons residing on
any federal military or naval reservation located, wholly or partially, with-
in the geographical boundaries of such county or city. Persons living in
a county or city, the school system of which is operating on an annual pro-
motion basis, who have reached their sixth birthday on or before September
thirtieth of any year for the first semester, and persons living in a county
or city, the school system of which is operating on a semiannual promotion
basis, who have reached their sixth birthday on or before September
thirtieth for the first semester or on or before March first of any year for
the second semester, may, in the discretion of the school board, be admitted
to primary grades for said semesters accordingly, and persons under six
years of age may be admitted to such kindergartens as may be established
by local school authorities and operated as a part of the public school
system. Such kindergartens shall not be entitled to participate in the State
school fund, but shall be supported by the local authorities. The school
board, in its discretion, may admit as pupils into any of the public schools,
persons above the age of twenty years under regulations to be prescribed
by the State Board, provided the admission of such pupils will not in the

opinion of the school board, impair the usefulness and efficiency of such

school. The school board, in its discretion, may charge such pupils tuition
ees.

§ 22-223. Ata time to be designated by the Superintendent of Public
Instruction, prior to September first, nineteen hundred fifty, and every
five years thereafter, a census of all persons between the ages of seven and
twenty years, residing within each county or city, shall be taken on forms
furnished by the Superintendent of Public Instruction. Persons of school
age domicled in orphanages or eleemosynary institutions * or living on any
federal military or naval reservation or other federal property, shall be
included in the census for the county or city within which the institution or
federal military or naval reservation or other federal property is located.
Persons of school age confined in insane asylums, State or federal industrial
schools or prisons, * shall be included in the census for the county or city
a is the legal residence of the parents or guardians of such child or
children.

§ 22-253.1. Notwithstanding the provisions of § 22-251, the school
board may on recommendation of the principal, superintendent of schools
and the judge of the juvenile and domestic relations court of such county, or
city, excuse from further attendance at such school any child, fourteen
years of age or over, who in their judgment cannot further benefit from
further education provided at such school, provided no such child shall be
so excused unless the written consent of his parent or guardian be given.